State v. Waldschmidt

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 123,631 STATE OF KANSAS, Appellee, v. KYLIE JO ELIZABETH WALDSCHMIDT, Appellant. SYLLABUS BY THE COURT 1. Under K.S.A. 2022 Supp. 21-5402(c)(2)(D) and (F), aggravated assault, as defined in K.S.A. 2022 Supp. 21-5412(b), and amendments thereto, and aggravated battery, as defined in K.S.A. 2022 Supp. 21-5413(b)(1), and amendments thereto, can both serve as predicate felonies for felony murder if they are so distinct from the killing as to not be an ingredient of the killing. 2. The merger doctrine examines whether an inherently dangerous felony is…